Once the clocks fall back in November, the evening commute on the North Shore happens in the dark. Pedestrians walking home from the train in Salem, crossing Route 1A in Lynn, or heading to their cars in a Peabody parking lot become much harder for drivers to see. When a car strikes someone on foot, there is no bumper or airbag to absorb the impact, and injuries are often serious.
If you or a family member has been hit while walking, the steps you take in the first hours and weeks can affect both your recovery and any insurance claim. Here is a practical guide.
At the Scene: Safety and Information First
Your health comes first. If you can move safely, get out of the travel lane. If you cannot, stay still and wait for help. Then, if you are able:
- Call 911. A police response creates an official record of the crash, the driver’s identity and the conditions at the time.
- Get the driver’s information. Name, address, license number, plate number, insurance company and the vehicle owner’s name if different.
- Find witnesses. Ask bystanders for names and phone numbers. Witnesses often leave before police arrive.
- Take photos and video. Capture the vehicle, the crosswalk or roadway, traffic signals, street lighting, your injuries and your clothing.
- Don’t debate fault. Be polite, but avoid apologizing or guessing about what happened. Stick to the facts when you talk with police.
If the driver leaves the scene, try to note the plate, make, model and color, and the direction the car went. A hit-and-run does not necessarily end your options; uninsured motorist coverage on your own auto policy, or a household member’s policy, may apply.
Get Medical Care Right Away
Go to the emergency room or see a doctor the same day, even if you feel “okay.” Adrenaline can mask pain, and injuries common in pedestrian crashes, such as head injuries, internal injuries and fractures, are not always obvious at first. Prompt treatment protects your health, and it also creates a medical record that links your injuries to the crash.
Follow through with the treatment plan. Gaps in care are one of the most common arguments insurers use to minimize a claim.
Preserve Evidence Before It Disappears
Some of the most important evidence in a pedestrian case is short-lived. Over the next few days:
- Look for cameras. Nearby businesses, homes with doorbell cameras and municipal traffic cameras may have recorded the crash. Many systems overwrite footage within days or weeks, so requests should be made quickly.
- Keep your clothing and shoes. Don’t wash or throw them away. Damage and visibility (for example, reflective material) can matter.
- Request the police report. It will identify the officer, the parties and any citations.
- Start a journal. Write down what you remember, then track your pain, appointments, missed work and daily limitations.
Our personal injury evidence checklist walks through these items in more detail.
Know the Rules of the Road for Pedestrians
Massachusetts law gives pedestrians real protections. Under M.G.L. c. 89, § 11, where traffic signals are not in place or not operating, drivers must yield to a pedestrian crossing in a marked crosswalk, slowing or stopping if needed, and may not pass another vehicle that has stopped at a crosswalk to let someone cross.
Massachusetts’s “vulnerable road user” law (Chapter 358 of the Acts of 2022) also requires drivers to give at least four feet of space when passing pedestrians, cyclists, road workers and others who are not in a motor vehicle.
Pedestrians have responsibilities too, and insurers will look closely at where and how you were crossing. Being outside a crosswalk does not automatically defeat a claim, but it can affect how fault is shared. We explain how fault and insurance work in our companion article, Who Pays When a Pedestrian Is Hit in Massachusetts?
Notify the Insurance Companies Carefully
In Massachusetts, a pedestrian struck by an insured vehicle can generally seek Personal Injury Protection (PIP) benefits for medical bills and lost wages, regardless of fault. Give prompt notice of the accident and file the PIP application. If you or someone in your household owns a car, your own auto insurer may also need to be notified.
Be cautious with the driver’s liability insurer. An adjuster may call quickly and ask for a recorded statement or a broad medical authorization. You are not required to give the at-fault driver’s insurer a recorded statement, and it is usually wise to speak with a lawyer first. Be especially careful about accepting a quick settlement before you know the full extent of your injuries.
Watch the Deadlines
Most Massachusetts personal injury lawsuits must be filed within three years of the injury under M.G.L. c. 260, § 2A. Shorter notice requirements can apply in some situations, such as claims involving a city, town or state agency (for example, a defective sidewalk or a municipal vehicle). Insurance policies also impose their own notice obligations. Waiting can mean lost evidence, and in some cases lost rights.
Frequently Asked Questions
What if I was hit in a parking lot, not on the street?
Parking lot crashes can still lead to PIP and liability claims against the driver. Depending on the facts, the property owner may also share responsibility, for example for poor lighting or a dangerous layout.
I don’t own a car. Can I still get PIP benefits?
Generally, yes. Massachusetts PIP covers a pedestrian struck by the insured vehicle, so the striking driver’s policy may provide benefits even if you have no auto insurance of your own.
Should I talk to a lawyer if my injuries seem minor?
A short consultation can help you understand your options, especially before giving statements or signing anything. Many pedestrian injuries turn out to be more serious than they first appear.
Talk With a North Shore Pedestrian Accident Lawyer
Muggeo & Associates helps people injured as pedestrians throughout Salem, Lynn, Peabody and the rest of the North Shore. Call Muggeo & Associates at 978-741-1177 or contact us online to talk about your situation.
This article provides general information only and is not legal advice. Laws change and outcomes depend on the facts of each case.
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